Flaviar for Business
Terms of Use
Effective: August 2026
Welcome to Flaviar for Business! These terms (the “Terms”) govern your access to and use of business.flaviar.com and its related subdomains, including the articles, help center, release notes and platform status pages (collectively, the "Site"). The Site is operated by Flaviar Inc. ("Flaviar", "we" or "us"). By accessing or using the Site, you confirm your agreement to be bound by these Terms, and you authorize Flaviar’s handling of personal information as described in the Flaviar Privacy Policy. These Terms and the Flaviar Privacy Policy are separate from, and do not apply to, any third-party brand supplier, retailer or publisher website that uses Flaviar's technology (each, a "Brand Website"), or to flaviar.com. Each of those websites is governed by the terms and privacy policy posted on it.
If your organization has entered into a written agreement with Flaviar for the provision of Flaviar Checkout, Flaviar Ads, Flaviar Insights or any other Flaviar product or service (a "Services Agreement"), that Services Agreement — and not these Terms — governs those services and any related customer portal, and controls in the event of any conflict with these Terms.
THESE TERMS INCLUDE MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS. BY USING THE SITE OR ACCEPTING THESE TERMS IN ANY OTHER WAY, YOU AGREE TO THESE PROVISIONS, WHICH APPEAR IN SECTION 13 OF THESE TERMS.
1. Flaviar’s Role; No Sales
The Site is provided for information purposes only. No alcoholic beverages, merchandise, products or services are offered for sale, sold, shipped or delivered through the Site, and no orders can be placed or payments made on the Site. Nothing on the Site constitutes an offer to sell, or a solicitation of an offer to buy, any alcoholic beverage.
Flaviar is a technology provider. Flaviar does not sell alcoholic beverages. Consumer purchases of alcoholic beverages are made from licensed independent retailers, on Brand Websites that use Flaviar's technology, and are governed by the terms of use and policies posted on those websites.
2. Business Use Only; Eligibility
The Site is intended solely for use by businesses and their personnel in the beverage alcohol and related industries — including producers, retailers, publishers, agencies and prospective partners — for the purpose of evaluating Flaviar's business products and services. It is not intended for consumers or for personal, family or household use. By using the Site, you confirm that:
- you are at least 21 years of age (or the legal drinking age in your jurisdiction, if higher);
- you are accessing the Site for business purposes on behalf of a business entity; and
- you are authorized to bind that entity to these Terms, and "you" refers to both you and that entity.
3. Informational Content
Content on the Site, including product descriptions, statistics, case studies, articles, release notes, help center materials and platform status information, is provided for information only. It is not a commitment, warranty, specification or service level undertaking, may be forward-looking, and may change without notice. Statistics and metrics are estimates as of the date published. Nothing on the Site is legal, regulatory or tax advice. You are solely responsible for determining the requirements applicable to your business.
4. Services Governed by Separate Agreement
Any provision of Flaviar Checkout, Flaviar Ads, Flaviar Insights or any other Flaviar product or service is governed exclusively by a Services Agreement executed between Flaviar and your organization. Neither these Terms nor any content on the Site constitutes a Services Agreement, an amendment to one, or a binding commitment by Flaviar to provide any product or service, to any pricing, or to any functionality.
5. Registered Areas and Credentials
Certain areas accessible from the Site require credentials, including the Flaviar for Business account portal. You are responsible for maintaining the confidentiality of your credentials and for all activity conducted under them, and you will notify Flaviar promptly at the address in Section 18 of any known or suspected unauthorized use. Credentials are personal to the individual user and may not be shared. Flaviar may suspend or revoke access at any time. Use of any account portal is governed by the applicable Services Agreement.
6. Prohibited Uses
You will not, and will not authorize, encourage or enable any third party to:
(a) use the Site for any unlawful purpose, or in any manner that could cause Flaviar or any of its partners to violate any applicable legal requirement, including alcoholic beverage control laws and advertising and marketing regulations;
(b) access or use the Site to build, benchmark or market a competing or similar product or service, or to gather competitive intelligence;
(c) scrape, crawl, spider, harvest, data-mine or use any robot, script or other automated means to access the Site or extract content from it, other than search engine crawlers operating in accordance with the Site's robots.txt file;
(d) copy, reproduce, republish, frame, mirror, distribute, sell, license or create derivative works from any Site content, except as expressly permitted in Section 9;
(e) reverse engineer, decompile or disassemble any part of the Site, or attempt to derive the source code, structure or underlying logic of any Flaviar technology;
(f) probe, scan or test the vulnerability of the Site or any related system, breach or circumvent any security, authentication or access restriction, or access any non-public area of the Site;
(g) introduce any malware or other harmful code, or take any action that imposes an unreasonable or disproportionate load on the Site or interferes with its operation;
(h) misrepresent your identity, affiliation or authority, or impersonate any person or entity; or
(i) remove, obscure or alter any copyright, trademark or other proprietary notice.
Flaviar may investigate any suspected violation and may restrict, suspend or terminate your access to the Site at any time, with or without notice, without liability.
7. Demo Requests, Inquiries and Submissions
The Site allows you to request a demo, contact us or otherwise submit information. If you do:
(a) you will provide accurate, current and complete information, and you represent that you are authorized to provide it;
(b) you agree that Flaviar and its affiliates may contact you at the business contact details you provide in relation to your inquiry and Flaviar's products and services, in accordance with the Privacy Policy and applicable law. You may opt out of marketing communications at any time using the unsubscribe link in any such message or by contacting us at the address in Section 18; and
(c) your submission is not confidential. Unless a non-disclosure agreement executed by Flaviar is in effect and expressly covers the submission, Flaviar assumes no obligation of confidentiality with respect to it and no confidential, fiduciary or advisory relationship is created. Do not submit confidential, competitively sensitive or trade secret information, or personal information relating to any third party, through the Site.
Flaviar does not accept unsolicited business proposals, product ideas or similar materials, and any such materials submitted through the Site are subject to Section 8.2.
8. Intellectual Property; Feedback
8.1 Flaviar IP. All content on the Site, including text, graphics, logos, icons, images, video, software and the design, selection and arrangement thereof (collectively, "Flaviar IP"), is owned by Flaviar or its licensors and protected by intellectual property laws. Unauthorized use of Flaviar IP is strictly prohibited. Subject to your compliance with these Terms, Flaviar grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Site, and to download or print a reasonable number of copies of materials expressly made available for download, in each case solely for your internal business evaluation of Flaviar's products and services and provided that you retain all proprietary notices. All rights not expressly granted are reserved. "Flaviar", "Flaviar Checkout", "Flaviar Ads", "Flaviar Insights" and the Flaviar logo are trademarks of Flaviar. Nothing in these Terms grants you any right to use them. Third-party names, logos and marks appearing on the Site, including those of customers, partners and integration providers, are the property of their respective owners and are used for identification purposes only; their appearance does not imply any endorsement of you or your business.
8.2 Feedback. If you provide Flaviar with any comments, suggestions, ideas or other feedback regarding the Site or Flaviar's products or services ("Feedback"), you grant Flaviar a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, modify and otherwise exploit that Feedback for any purpose, without attribution, compensation or any obligation to you.
9. Third-Party Sites and Content
The Site contains links to websites and resources operated by third parties, including Brand Websites and the websites of integration partners. Flaviar does not control and is not responsible for the content, availability, products, terms or privacy practices of any third-party site, and does not endorse them. Any transaction you enter into with a third party is solely between you and that third party.
10. Disclaimers & Limitations on Liability
THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLAVIAR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Flaviar may modify, suspend or discontinue the Site or any part of it, and may change or remove any content, at any time and without notice or liability.
To the maximum extent permitted by law, in no event shall Flaviar be liable to you or any other person or entity for any indirect, special, incidental, punitive, or consequential damages arising out of or in connection with your use of the Site or related transactions, whether or not Flaviar has been advised of the possibility of such damages and regardless of the theory of liability. To the maximum extent permitted by law, Flaviar's maximum aggregate liability for any claims, liabilities or damages arising under these Terms shall not exceed two hundred U.S. Dollars (US$200). These limitations apply to your use of the Site only and do not modify any limitation of liability or remedy set out in a Services Agreement. The exclusions and limitations in this Section apply to the maximum extent permitted by law, even if any remedy fails of its essential purpose.
11. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Flaviar, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, liabilities, damages, costs, or expenses (including reasonable attorneys' fees and court costs) arising from or related to misuse of the Site, violation of applicable laws, fraudulent or unlawful transactions, unauthorized resale or commercial use, or infringement of any third-party rights, or your other violation of these Terms. Flaviar reserves the right, at its own expense, to assume the exclusive defense and control of such disputes. In any event, you will cooperate with Flaviar in asserting any available defenses.
13. Dispute Resolution
As detailed in this section, all disputes arising out of, relating to, or in connection with these Terms or the Site (“Disputes”) must be resolved first through an informal dispute resolution process. In the event that process fails, all Disputes will be resolved through binding arbitration.
13.1 Informal Dispute Resolution. Unless otherwise noted in this Section 13, you and Flaviar agree that if any Dispute arises between us, both parties will first try to resolve it informally before initiating any formal dispute resolution proceeding.
To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party (“Notice of Dispute”). For any Dispute against Flaviar that you initiate, you agree to send to Flaviar at help@flaviar.com (a) a written description of the Dispute and (b) the email address(es) associated with your purchase from Flaviar. The Notice of Dispute must be on an individual basis and provide at least: your name; a description of the nature of the Dispute with sufficient detail for Flaviar to assess its merits; and the specific relief sought. For any Dispute that Flaviar initiates, we will send our Notice of Dispute to the email address associated with your purchase if we can reasonably identify such an address.
You and Flaviar agree, following receipt of the Notice of Dispute, to negotiate in good faith about the Dispute through an informal telephonic conference. That conference shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal conference. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party also must appear at and participate in the conference, unless one party states in writing that the other party need not participate.
If the Dispute is not fully resolved within sixty (60) days after the non-initiating party receives the Notice of Dispute, you and Flaviar agree to resolve any remaining aspects of the Dispute through the procedures set forth below.
Good faith participation in the above-described informal dispute resolution process is a prerequisite to either party initiating arbitration. The parties agree that any applicable statute of limitations period or other deadlines will be tolled while the parties engage in informal dispute resolution. The parties further agree that whether a complaining party has satisfied these Initial Dispute Resolution procedures is an issue that can be decided by a court as a prerequisite to arbitration.
13.2 Arbitration Agreement. If Informal Dispute Resolution efforts fail, then either party may initiate binding arbitration using the procedures set forth below as the sole means to resolve claims. To initiate an arbitration, you or Flaviar must file a demand for arbitration with National Arbitration and Mediation (“NAM”). After filing a copy of the demand with NAM, you must also email a copy to help@flaviar.com. If Flaviar is initiating arbitration, it will serve a copy of the demand to the email address associated with you. You and Flaviar agree that all Disputes shall be resolved exclusively through binding arbitration in accordance with this Section 13 (the “Arbitration Agreement”). This includes claims that arose, were identified, or involve facts occurring before the existence of this Arbitration Agreement as well as claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") and evidences a transaction involving interstate commerce. You and Flaviar expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement.
Except as set forth in Section 13.5, the arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and the Arbitration Agreement, including, but not limited to any claim that all or any part of these Terms or the Arbitration Agreement are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees. The arbitrator may grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's bad faith failure to comply with this Section.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND FLAVIAR BY AGREEING TO THIS ARBITRATION PROCEDURE ARE EACH IN EFFECT WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.3. Arbitration Location. Subject to Section 13.6, if applicable, if you are a resident of the United States, and initiate arbitration, such arbitration will take place in the County where you reside, or if no NAM arbitrator is available in that County, then at the closest NAM arbitration location available in the state. Where Flaviar initiates arbitration, and for residents in Canada (and anywhere else outside the United States), arbitration shall be initiated in the County of New York, State of New York, United States of America, unless you and Flaviar otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue despite either party’s initial selection. For any arbitration conducted in New York, You and Flaviar agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
13.4 Class Action Waiver. You and Flaviar acknowledge and agree that, to the maximum extent allowed by law, and except as otherwise set out in this Section 13.4 and Section 13.6 below relating to batching, any arbitration shall be conducted in an individual capacity only and not as a class or other representative action, and the arbitrator may award relief only in favor of the individual party seeking relief; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis if either party provides its consent to consolidate in writing.
With the exception of this Section 13.4 and Section 13.6’s Batch Arbitration provision, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal, provision(s) were not contained herein. If, however, this Section 13.4 or Section 13.6’s Batch Arbitration provision is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Flaviar shall be entitled to arbitrate their Dispute. Nothing in this Section prevents you or Flaviar from agreeing to participate in a class-wide settlement of claims.
13.5 Exceptions to Arbitration. Notwithstanding the foregoing, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction regardless of what forum the filing party initially chose. If a party has already submitted an arbitration demand, the other party can inform the arbitral forum that it chooses to have the Dispute heard in small claims court and the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court. Either party may also seek a declaratory judgment or similar relief in court regarding whether a party’s claims are time-barred, may be brought in small claims court, or a complaining party has satisfied the Initial Dispute Resolution procedures. Seeking such relief does not waive a party’s right to arbitration, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
13.6 Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with NAM rules, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com.
The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law.
If the amount in controversy is $10,000 or less and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Flaviar submit to the arbitrator, unless the parties agree otherwise. If the amount in controversy is more than $10,000 or seeks declaratory or injunctive relief, either party may request to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator can allow the filing of dispositive motions. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
In the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Flaviar (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (with any final batch consisting of the remaining demands) (ii) to designate one arbitrator for each batch; and (iii) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled, (iv) that the first batch (determined based on case number) will proceed alone, followed by the mediation process described in the following paragraph, and (v) that should that mediation process not be successful but the parties continue with the arbitration process, all remaining batches shall proceed simultaneously. You agree to cooperate in good faith with Flaviar and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Flaviar and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Flaviar, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or methodology for resolving the outstanding demands. If they are unable to do so, either Flaviar or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Flaviar nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process with all remaining batches being administered simultaneously. Opt out of arbitration under this section shall not be construed as opt out of Section 13.4, “Class Action Waiver.”
The parties agree that this Batch Arbitration provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If this Batch Arbitration provision is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Flaviar shall be entitled to arbitrate any claim that is a part of the Mass Filing.
13.7 Arbitration Fees. If you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Flaviar will pay any filing and hearing fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties agree that NAM can reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
13.8 Opt Out. You can opt-out of the Arbitration Agreement and Class Action Waiver by notifying Flaviar in writing no later than thirty (30) days after your purchase. Your notice must include your name and address, and the email address you used to make your purchase, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to help@flaviar.com. If you do not opt out, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement and Class Action Waiver. If you opt out of the Arbitration Agreement or Class Action Waiver, you or we may exercise your or our right to a trial by jury or judge, as permitted by applicable law. If you opt-out of the Arbitration Agreement or Class Action Waiver, Flaviar also will not be bound by them.
17. Updates to These Terms
Flaviar may update these Terms, in its sole discretion and without further notice to you, at any time by posting the updated version online. The applicable Terms for any order will always be the version in effect at the time you place that order, even if Flaviar later posts an update. Please review these Terms before each purchase. The date of the last update will be clearly shown at the top of these Terms.
18. Contact Us
For questions regarding these Terms, contact Flaviar customer support at:
Flaviar Inc.
244 Fifth Avenue, Suite F247
New York, NY 10001
help@flaviar.com